Wilson v. Comcast Cable

Filing 23

ORDER finding as moot 20 Motion to Strike. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RONETTE WILSON,
Plaintiff,
v.
Case No. 14-12218
COMCAST CABLE,
Hon. Patrick J. Duggan
Defendant.

ORDER DENYING PLAINTIFF’S MOTION TO STRIKE AS MOOT
Plaintiff Ronnette Wilson, who is proceeding pro se, instituted the present
civil action against Defendant Comcast Cable by filing a complaint on June 5,
2014. Upon reviewing this complaint to ensure that the Court possessed
jurisdiction, the Court ordered Plaintiff to file an amended pleading by June 20,
2014, as the threadbare complaint, which sought to state a claim under the
Americans with Disabilities Act of 1990 (“ADA”), contained virtually no factual
enhancement. Plaintiff complied with this Order and, on June 20, 2014, filed an
amended pleading. Upon Defendant’s motion, the Court dismissed this amended
pleading on September 9, 2014 for failure to comply with the Federal Rules of
Civil Procedure. In its September 9, 2014 Order, the Court also denied Plaintiff’s
Motion to Dismiss Defendant’s pleadings. On September 10, 2014, the Court

received another Motion to Strike Defendant’s Pleadings, purportedly filed
pursuant to Rule 12(f). However, because the amended complaint had been
dismissed and because Defendant’s motion had been granted, there were simply no
pleadings on September 10 to strike or otherwise adjudicate. Given that the Court
received the filing one day after issuing its September 9, 2014 Order, the Court
assumes that Plaintiff was merely trying to be diligent in what appears to be a
resubmission of her first motion to strike. Defendant has not filed any pleadings
that are capable of being stricken, and Plaintiff’s motion is therefore moot. Given
this resolution, the Court dispenses with oral argument pursuant to Eastern District
of Michigan Local Rule 7.1(f)(2).
Accordingly,
IT IS ORDERED that Plaintiff’s Motion to Strike (ECF No. 20) is
DISMISSED AS MOOT.
Dated: October 14, 2014
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Ronnette Wilson
634 Constitution Street
Canton, MI 48188
Eric J. Pelton, Esq.

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